North Carolina General Statutes 150B-25.1. Burden of proof
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Terms Used In North Carolina General Statutes 150B-25.1
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
(a) Except as otherwise provided by law or by this section, the petitioner in a contested case has the burden of proving the facts alleged in the petition by a preponderance of the evidence.
(b) In a contested case involving the imposition of civil fines or penalties by a State agency for violation of the law, the burden of showing by clear and convincing evidence that the person who was fined actually committed the act for which the fine or penalty was imposed rests with the State agency.
(c) The burden of showing by a preponderance of the evidence that a career State employee subject to Chapter 126 of the N.C. Gen. Stat. was discharged, suspended, or demoted for just cause rests with the agency employer. (2015-286, s. 1.2(a).)